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05-774 - Hicks v. Warden, Lebanon Correctional Institution


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05-774 - Hicks v. Warden, Lebanon Correctional Institution
June 20, 2007
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REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus, filed by William J Hicks : that ineffective assistance as to petitioner's right to testify at trial be DENIED; an order issue remanding the matter for an evidentiary hearing on remaining ineffective assistance of counsel claim; a certificate of appealability SHOULD NOT ISSUE as to the claim which this Court has concluded is waived; and IFP be DENIED. Objections to R&R due by 7/5/2007. Signed by Judge Timothy S. Black on 6/20/07. (jl1, )
August 16, 2007
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ORDER ADOPTING REPORT AND RECOMMENDATION 11 Report and Recommendations, overruling Respondent's Objections 17. The Court: (1) denies with prejudice the ineffective assistance of trial counsel claim alleged in the instant petition for writ of habeas corpus under 28 USC Section 2254, challenging petitioner's conviction on the ground that defense counsel prevented petitioner from exercising his right to testify at trial; (2) REMANDS this matter for evidentiary hearing before the assigned Magistrate Judge on Petitioner's remaining ineffective assistance of counsel claims stemming from defense counsel's alleged failure to notify petitioner of a plea offer extended by the State, and failure to call certain witnesses to testify for the defense at trial; (3) DOES NOT ISSUE a certificate of appealability with respect to the claim for relief which this Court has concluded is waived and thus barred from review on a procedural ground; and (4) CERTIFIES that an appeal of this Order would not be taken in "good faith" and therefore denies petitioner leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 8/15/2007. (km1, )
May 21, 2008
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus: that petitioner's remaining ineffective assistance of counsel claims be DENIED; a certificate of appealability SHOULD issue with respect to each of the claims that were remanded for evidentiary hearing; and the Court SHOULD GRANT IFP. Objections to R&R due by 6/9/2008. Signed by Magistrate Judge Timothy S. Black on 5/20/08. (jl1, )
July 22, 2008
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22/2008. (km1, )ORDER ADOPTING REPORT AND RECOMMENDATION re 34 Supplemental Report and Recommendations. The Court denies with prejudice the ineffective assistance of counsel claims alleged in the instant petition for writ of habeas corpus pursuant to 28 USC Section 2254 1. The Court does not issue a certificate of appealability and certifies that an appeal of this Order would not be taken in good faith, therefore denying petitioner leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 7/